Updated to LO 1/2026 and LO 1/2025 · Reviewed July 2026 · Author: Francisco Javier Martín Porras, criminal lawyer and court expert · SCJE team
More than half of criminal convictions in Spain are plea agreements (conformidades), and LO 1/2025, on efficiency, has redesigned the institution to encourage them: the 6-year limit disappears, the moments to negotiate multiply (investigation, defence brief, the new preliminary hearing and the trial itself) and the safeguards are reinforced: written information to the accused and a hearing for the victim. Well negotiated, the conformidad is a powerful tool; badly accepted, an unnecessary conviction. We comment on the regime in force, applicable to every proceeding without a held trial since April 2025.
In brief. In brief. LO 1/2025 eliminated the 6-year limit: today a conformidad is possible whatever the requested penalty. Moments: investigation, defence brief (art. 784.3), preliminary hearing (art. 785) and trial (art. 787). In fast-track trials the statutory one-third reduction is kept (art. 801). The victim must be heard before the conformidad in the qualified cases (art. 787 ter).
LO 1/2025 redesigned the conformidad: the old 6-year ceiling disappeared, so today an agreement is possible whatever the requested penalty; the moments to negotiate have multiplied (investigation, defence brief under art. 784.3, the new preliminary hearing of art. 785 and the trial itself under art. 787); and the safeguards were reinforced with a legal duty to inform the accused in writing of every term of the agreement and a hearing for the victim in the qualified cases of art. 787 ter.
Our practice: early negotiation, because the preliminary hearing is the privileged moment and Circular FGE 2/2025 orders prosecutors not to improve later the offer that could have been closed there; fine calculation of the agreed penalty and of the ruling on suspension that the judgment must include; written information to the client of every term, which is today also a legal duty of the defence; and rejection of agreements when the prosecution evidence is weak, because we also know how to go to trial.
| Moment or rule | Legal basis | Content | Practical key |
|---|---|---|---|
| Qualification stage | Art. 655 LECrim | Agreement to the most serious requested penalty, no 6-year ceiling | With several accused, all must agree |
| Defence brief | Art. 784.3 LECrim | Conformidad expressed in the defence written submissions | Early negotiation with the investigation material |
| Preliminary hearing | Art. 785 LECrim | Mandatory hearing before setting the trial date | The privileged moment: later offers do not improve |
| At trial | Art. 787 LECrim | Before the taking of evidence, with reinforced judicial control | Ruling on suspension closed in the same act |
| Legal persons | Art. 787 bis LECrim | Representative with special power; independent of other accused | Corporate settlements with business logic |
| Hearing the victim | Art. 787 ter LECrim | Qualified cases: gravity, harm around 50,000 euros, vulnerability | Non-binding but weighed; ignoring it risks approval |
| Fast-track trials | Art. 801 LECrim | Penalties up to 3 years before the duty court | One-third reduction, even below the legal minimum |
| Appeals | Case law and LO 1/2025 | Judgment respecting the agreed terms not appealable on the merits | Only defects of consent or breach of the agreement |
Summary drawn from the Spanish source page for orientation purposes. The applicable provisions are those in force at the relevant time; each case requires individual analysis by a criminal lawyer.
Original commentary by the firm, updated to LO 1/2025 and checked against the reference work in our library: Ley de Enjuiciamiento Criminal Comentada, Lefebvre-El Derecho, 13th edition, May 2026, and against Circular FGE 2/2025. Well negotiated, the conformidad is a powerful tool; badly accepted, an unnecessary conviction: the decision is taken once and must be taken well informed.
The conformidad is possible today whatever the requested penalty. The decision requires written information of every term, a fine calculation of the penalty and of the suspension, and a realistic assessment of the prosecution evidence.
The conformidad before the duty court with penalties up to 3 years keeps the one-third reduction, even below the legal minimum, with the suspension decided on the spot: the combination that avoids prison in drink-driving, assault and theft cases.
The legal person agrees through a representative with a special power and independently of the other accused: the route for corporate settlements with business logic (art. 787 bis LECrim).
In cases of special gravity, relevant harm or vulnerability, the victim must be heard before the conformidad is accepted, even if not appeared. Their opinion does not bind, but ignoring it can cost the approval of the agreement.
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